Legal Question in Wills and Trusts in North Carolina
Stepmother Estate Question
My father has 2 living heirs. What exactly is our right to claim on his estate?
We have no idea how his will is set up, but he is on his 3rd marriage to someone a bit younger than him that he met on the internet who we are sure is a gold-digger.
If she wrangles him into leaving her everything have we any recourse such as contesting his estate?
1 Answer from Attorneys
Re: Stepmother Estate Question
The general rule is that a person may do whatever he or she wants with their property. In NC only spouses are protected from being disinherited to some extent along with children that were born AFTER the will.
Can you contest a will? You can and you should consult with an attorney that specializes in estate litigation if you decide to go that route. Generally, you will have to prove lack of capacity, undue influence, fraud and/or mistake.
- Jeff
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